Bankruptcy Recovery Network v. Garcia (In Re Garcia)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
AMENDED OPINION 1
MONTALI, Bankruptcy Judge.
The debtors in the Nevada case before us were previously debtors in a Chapter 7 case in California where the creditor filed a nondischargeability action against them, alleging that its claim was nondischargeable pursuant to 11 U.S.C. § 523(a)(2)(A) and (6). 2 The California bankruptcy court entered a default judgment but did not state specifically that the judgment amount was nondischargeable.
When the debtors later filed a second Chapter 7 case in Nevada, the creditor filed another nondischargeability action seeking a declaration that the liability…
2Cases cited11 opinions
- Federated Department Stores, Inc. v. MoitieSupreme Court of the United States · 1981
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- Christopher Owens Cynthia Hutchins,plaintiffs-Appellants v. Kaiser Foundation Health Plan,inc., a California Corporation,defendant-AppelleeCourt of Appeals for the Ninth Circuit · 2001
- Morris v. JonesSupreme Court of the United States · 1947
- In Re James D. Kennedy, Jr., Debtor. Alan D. Cowen and Josephine Cowen v. James D. Kennedy, Jr.Court of Appeals for the Ninth Circuit · 1997
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